1. UPDATE ON UNION CUSTOMS CODE

In October, the Council and the European Parliament decided not to raise objections to the Commission’s proposal for a Delegated Regulation to the Union Customs Code. On 24 November, the European Commission adopted the Implementing Regulation to the Union Customs Code after a vote on 12 November in the Customs Code Committee. It is expected that both the Delegated and Implementing Regulation to the Union Customs Code will be published by the end of this year in the Official Journal.

2. UPDATE IRAN SANCTIONS AND EU DUAL-USE LIST FOR EXPORT CONTROLS

The recent Adoption day of 18 October 2015, is a very important date in the timeline towards sanctions relief for Iran. Please visit for more information: https://www.meijburg.nl/nieuws/update-iran-sanctions-eu-dual-use

On 12 October 2015, the European Commission adopted a regulation amending Council Regulation (EC) No 428/2009, also known as the EU Dual-Use Regulation. Please visit this website for more information.

3. 2015 GLOBAL TRADE MANAGEMENT SURVEY

In October 2015, the Global Trade management Survey was completed in a combined effort of KPMG's Global Trade & Customs practice and Thomson Reuters who, together, have surveyed hundreds of global trade specialists around the world to develop and present the findings of an extensive study on the state of global trade today. The survey examines operational practices in:

centralization

trade operations activity

global trade management systems

tariff classification

supply chain integration

free trade agreements; and

transfer pricing.

Survey respondents also indicated their top challenges, identified key trends and goals for the profession, and described how the right global trade management system plays a role in an increasingly complex global trade landscape. The complete report may be downloaded with the link below.

4. POSSIBLE BAN ON FISHERY PRODUCTS THAILAND

The EU IUU (Illegal, Unreported and Unregulated) Regulation aims to ensure that no illegally caught fishery products end up on the EU market.

To achieve this, the Regulation requires countries to certify the origin and legality of the fish caught by vessels flying their flag, thereby ensuring the full traceability of all marine fishery products traded from and into the EU. The system thus ensures that countries comply with their own conservation and management rules as well as with internationally agreed rules. Based on this regulation the EU issued a yellow card to Thailand in April 2015. The Commission makes use of the yellow card as a warning procedure against third countries that their fisheries products may lose access to the EU market. Moreover, MEPs have warned that they would support giving a red card to Thailand, banning the import of its fishery products, if illegal fishing isn't curbed, and if the practice of using slave labor is not abandoned. It is therefore not unthinkable that Thai fishery products will be banned as of 1 January 2016.

A couple of weeks ago, Thai government approved a comprehensive package of measures to clamp down on illegal, unreported and unregulated fishing. Now it has to be seen how the Commission will appraise these measures. Next month we will know whether fishery products from Thailand will face an import ban as of next year.

5. NEW ADVANTAGES AUTHORIZED ECONOMIC OPERATOR IN THE EU AND CHINA

According to Dutch Customs, Authorized Economic Operators will have new advantages in China. Chinese Advanced Certified Enterprises (ACE’s), the Chinese equivalent of AEO’s, will encounter new advantages in the EU. These advantages are the result of the recently concluded Mutual Recognition Agreement (MRA).The advantages are in effect as of 3 November 2015

EU AEO’s and F certificate holders will have, among others, the following advantages in the Chinese import process:

Less safety-related inspections;

recognition of professional (businesslike) partners for entry and import;

Priority when following import procedures for goods;

Chinese ACE-companies may enjoy the same privileges in customs processes on entry or import of goods as AEO certified EU companies.

The Commission published a message for economic operators concerning a new list of requests for temporary suspension of autonomous common customs tariff duties in the Combined Nomenclature for certain industrial and agricultural goods (nr. 2015/C 323/06).

Economic operators are informed with this message by the Commission concerning the biannual (July 2015) list of requests for temporary suspension of autonomous common customs tariff duties for industrial and agricultural goods that were received according to the administrative procedures applicable.

Economic operators are also informed that 11 December 2015 is the ultimate date on which objections – to be filed via the national authorities – must be received by the Commission. On this date, the second meeting of the Economic Tariff Questions Group is planned. This group reviews all the requests for temporary suspension of autonomous common customs tariff duties presented to it by the Member States.

Interested economic operators are advised to regularly check the list to stay informed on the status of the requests.

7. NEW RELEASE DUTCH AUTOMATED CUSTOMS SYSTEM AGS POSTPONED DUE TO THE WCO DATA MODEL.

The planned releases for 28 and 29 November 2015 of the Dutch customs system AGS are postponed according a message from the Customs management team.

Representatives of trade and industry and software providers warned that economic operators are not sufficiently prepared on the WCO data model published in April 2015. It would be too much of a risk for customs processes (storage and import declarations) to implement the changes. Therefore Dutch Customs came to the postponement.

9. REDUCTION OF BELGIAN EXCISE DUTIES ON NATURAL GAS AS OF 1 JANUARY 2016

Since 2015, Belgian (energy-intensive) companies with an environmental policy agreement are no longer entitled to benefit from a reduced (nil) excise duty rate on natural gas used for heating purposes (commercial use). Last month, the Belgian government tabled a proposal allowing Belgian companies with an environmental policy agreement, as of 1 January 2016, to benefit from a reduced excise duty rate (read: contribution on energy) amounting to EUR 0,54 per MWh (in lieu of EUR 0,9916 per MWh).

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